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Transmittal - 11/15/2021________________ ERIN MENDENHALL DEPARTMENT of COMMUNITY Mayor and NEIGHBORHOODS Blake Thomas Director CITY COUNCIL TRANSMITTAL Date Received: Lisa Shaffer, Chief Administrative Officer Date sent to Council: 09/24/2021 09/28/2021 TO: Salt Lake City Council DATE: Amy Fowler, Chair September 24, 2021 FROM: Blake Thomas, Director, Department of Community & Neighborhoods SUBJECT: Columbus Street Alley Vacation North of Victory Road STAFF CONTACT: David J. Gellner, AICP, Senior Planner, david.gellner@slcgov.com (385) 226-3860 DOCUMENT TYPE: Ordinance RECOMMENDATION: That the City Council follow the recommendation of the Planning Commission to approve an Ordinance to vacate the alley. BUDGET IMPACT: None BACKGROUND/DISCUSSION: Nicholas Kanaan, a property owner at 585 N. Columbus Street and James Carr, a property owner at 583 N. Columbus Street are co-petitioners asking to vacate an approximately 150-foot long section of platted alley adjacent to their respective properties. The recorded but completely undeveloped alley segment runs north-south of Victory Road and abuts a total of five (5) properties owned by four (4) different property owners. The continuation of the alley to the north of this segment was previously vacated. The proposal is to vacate this remaining alley segment and incorporate the vacant land into the neighboring properties. The total area of the proposed vacation is approximately 2750 square feet. The platted alley is highlighted on the aerial photo below. The alley starts north of the UDOT right-of-way on Victory Road and runs approximately 150 feet to the north. The applicant’s reason for the request is based on the alley being platted but never having been developed. The area is filled with tall weeds and the alley could likely never be developed based on the steep SALT LAKE CITY CORPORATION 451 SOUTH STATE STREET, ROOM 404 WWW.SLC.GOV P.O. BOX 145486, SALT LAKE CITY, UTAH 84114-5486 TEL 801.535.6230 FAX 801.535.6005 Lisa Shaffer (Sep 24, 2021 12:24 MDT) topography. The applicant asserts that there are no potential future uses for the alley and no reason to keep it in place. PUBLIC PROCESS: • Notice of the project and request for comments sent to the Chair of the Capitol Hill Neighborhood Council on August 10, 2020. • Staff sent an early notification announcement of the project to all residents and property owners located within 300 feet of the project site on August 11, 2020 providing notice about the project and information on how to give public input on the project. • No formal comments were submitted by the Capitol Hill Neighborhood Council. • No public comments were submitted in relation to this proposal. • A Planning Commission Public Hearing was held on May 26, 2021. • The Commission also voted unanimously to forward a Positive recommendation to City Council for the alley vacation. Planning Commission (PC) Records a) PC Agenda of May 26, 2021 (Click to Access) b) PC Minutes of May 26, 2021 (Click to Access) c) Planning Commission Staff Report of May 26, 2021 (Click to Access Report) EXHIBITS: 1. Project Chronology 2. Notice of City Council Public Hearing 3. Original Petition 4. Mailing List SALT LAKE CITY ORDINANCE No. of 2021 (Vacating a city-owned alley situated adjacent to properties located at 583, 585, 589 and 595 North Columbus Street; and; 590 North Victory Road) An ordinance vacating an unnamed city-owned alley adjacent to properties located at 583, 585, 589 and 595 North Columbus Street; and; 590 North Victory Road, pursuant to Petition No. PLNPCM2020-00564. WHEREAS, Nicholas Kanaan, owner of 585 North Columbus Street filed a written petition, Petition No. PLNPCM2020-00564, to vacate a city-owned alley situated between properties 583, 585, 589 and 595 North Columbus Street and 590 North Victory Road and as more particularly described in Exhibit A which is attached hereto and incorporated by reference ; and WHEREAS, the neighboring property owners of 605 North Ensign Street, 589 North Columbus Street, and 583 North Columbus Street reviewed and also designated in writing their approval of the petition; and WHEREAS, the petition demonstrates that the alley does not physically exist despite the and WHEREAS, the Salt Lake City Planning Commission held a public hearing on May 26, 2021, to consider the petition; and WHEREAS, at its May 26, 2021 meeting, the planning commission following the public hearing and discussion voted in favor of forwarding a recommendation of approval on the petition to the Salt Lake City Council ; and WHEREAS, the City Council finds after holding a public hearing on this matter, that there is good cause to vacate the alley and that vacating the alley will not materially injure the public interest or any person. NOW, THEREFORE, be it ordained by the City Council of Salt Lake City, Utah: SECTION 1. Vacating City-Owned Alley. That an unnamed, city-owned alley adjacent to properties located at 583, 585, 589 and 595 North Columbus Street; and; 590 North Victory Road, which is the subject of Petition No. PLNPCM2020-00564, and which is more particularly vacated and declared not presently necessary or available for public use. SECTION 2. Reservations and Disclaimers. The vacation is expressly made subject to all existing rights-of-way and easements of all public utilities of any and every description now located on and under or over the confines of this property, and also subject to the rights of entry thereon for the purposes of maintaining, altering, repairing, removing or rerouting said utilities, o any existing rights- of-way or easements of private third parties. SECTION 3. Conditions. This vacation is conditioned upon the following: 1) The proposed method of disposition of the alley property shall be consistent with the the Salt Lake City Code, and all other applicable laws; and SECTION 4. Effective Date. This Ordinance shall become effective on the date of its first publication and shall be recorded with the Salt Lake County Recorder. The city recorder is instructed not to publish or record this ordinance until the conditions identified above have been met real property manager. , SECTION 5. Time. If the conditions identified above have not been met within one year after adoption, this ordinance shall become null and void. The city council may, for good cause shown, by resolution, extend the time period for satisfying the conditions identified above. Passed by the City Council of Salt Lake City, Utah this day of , 2021. CHAIRPERSON ATTEST: CITY RECORDER Transmitted to Mayor on . Mayor's Action: Approved. Vetoed. MAYOR CITY RECORDER (SEAL) Bill No. of 2021 Published: . APPROVED AS TO FORM Salt Lake City Date:_7__/2/_2_02_1 By: Hannah Vickery, Senior City Attorney EXHIBIT "A" Legal description of the city-owned alley to be vacated: A portion of a 20.00 foot wide alleyway located within Block 15, Plat "J", Salt Lake City Survey, Salt Lake Base & Meridian; Being described as follows: Beginning at the northwest corner of lot 17, Block 15, Plat "J" Salt Lake City Survey; and running thence South 00°00'47" East 150.00 feet, more or less along the east line of an existing alleyway to a point on the Northerly right of way line of Victory Road; thence North 38°37'47" West 32.05 feet along said right of way line to a point on the west line of an existing alleyway; thence North 00°00'47" West 124.96 feet along said west line of alleyway; thence North 89°59'13" East 20.00 feet to the point of beginning. The above described parcel contains 2,750 square feet or 0.06 acre, more or less. TABLE OF CONTENTS 1. Project Chronology 2. Notice of City Council Public Hearing 3. Original Petition 4. Mailing List 1. Project Chronology PROJECT CHRONOLOGY PETITION: PLNPCM2020-00564 - Columbus Street Alley Vacation North of Victory Road July 27, 2020 Petition for the alley vacation received by the Salt Lake City Planning Division August 3, 2020 Petition assigned to David Gellner, Principal Planner, for staff analysis and processing. August 10, 2020 Information about the proposal was sent to the Chair of the Capitol Hill Neighborhood Council in order to solicit public comments and start the 45-day Recognized Organization input and comment period. August 11, 2020 Staff sent an early notification announcement of the project to all residents and property owners living within 300 feet of the project site providing information about the proposal and how to give public input on the project. September 28, 2020 The 45-day public comment period for Recognized Organizations ended. No formal comments were submitted to staff by the recognized organizations to date related to this proposal. May 13, 2021 Public notice posted on City and State websites and sent via the Planning list serve for the Planning Commission meeting of May 26, 2021. Public hearing notice mailed. May 13, 2021 Public hearing notice sign with project information and notice of the Planning Commission public hearing physically posted on the property. May 26, 2021 The Planning Commission held a Public Hearing on May 26, 2021. The Commission voted unanimously to forward a Positive recommendation to City Council for the proposed alley vacation. 2. Notice of City Council Public Hearing NOTICE OF PUBLIC HEARING The Salt Lake City Council is considering Petition PLNPCM2020-00564 - Columbus Street Alley Vacation North of Victory Road – Nicholas Kanaan, a property owner at 585 N. Columbus Street and James Carr, a property owner at 583 N. Columbus Street are co -petitioners asking to vacate an approximately 150-foot long section of platted alley adjacent to their respective properties. The recorded but completely undeveloped alley segment runs north-south of Victory Road and abuts a total of five (5) properties owned by four (4) different property owners. The platted alley north of this appears to have been previously vacated. The proposal is to vacate this remaining alley segment and incorporate the vacant land into the neighboring properties. The total area of the proposed vacation is approximately 2750 square feet. The subject alley is located within Council District 3, represented by Chris Wharton. (Staff contact: David J. Gellner at (385 - 226-3860 or david.gellner@slcgov.com ) As part of their study, the City Council is holding an advertised public hearing to receive comments regarding the petition. During this hearing, anyone desiring to address the City Council concerning this issue will be given an opportunity to speak. The hearing will be held electronically: DATE: TIME: 7:00 p.m. PLACE: This will be an electronic meeting pursuant to Salt Lake City Emergency Proclamation No.2 of 2020(2)(b). Please visit https://www.slc.gov/council/news/featured-news/virtually-attend-city- council-meetings/ to learn how you can share your comments live during electronic City Council meetings. If you would like to provide feedback or comment, via email or phone, please contact us at: 801-535-7654 (24- Hour comment line) or by email at: council.comments@slcgov.com . If you have any questions relating to this proposal or would like to review the file, please call David Gellner at 385-226-3860 between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday or via e-mail at david.gellner@slcgov.com People with disabilities may make requests for reasonable accommodation, which may include alternate formats, interpreters, and other auxiliary aids and services. Please make requests at least two business days in advance. To make a request, please contact the City Council Office at council.comments@slcgov.com, 801-535-7600, or relay service 711.(P 19-19) 3. Original Petition ,,, S:lgnatnreh&e The previous Alley Vacation / Closure Request document was reviewed and approved by all parties who own land adjacent to the proposed alley vacation/ closure request The alley is located on a steep sloping hill side that is currently fallow with weeds and grasses overgrowing it and unused. Due to the steep topography, this alley is completely unusable and cannot be accessed by a vehicle safely. The alley has never been in use, and does nothave potential for future use. There are no city structures or improvements on the alley, and as such it seems there is no utility to keeping this small plot of land as an alley any longer. The alley is located off of Victory Road between Ensign St and Columbus St and has width of 20', length on West of127.5', length on East of 150', and a total area of 2612.5 square feet (please see attached SIDWELL and PLAT maps. Keri HoUand t,,fV r.alumbus 101-023 First Name Last Name n Date Address Parcel • I l ---sss""fJ.Colµalbus St. 7 I 60 Norris & G Yaldine 11 1031 Gary bd Family l'I T"" 589 N. Columbus St. 6 17 Keri Holland 0 1 101023 LO 585 N. Columbus St. 18 DocProperties 0 Nicholas Kanaan LO 101024 7- 583 N. Columbus St. 9p.t. 19 James & Debbie Carr 0 101025 LO 20 0 I . - ,.. I , Aney Vacation/ Closure Request ID 101026 1 1..., 20' Wide, 127.S "!a_ t Length, 150' East Length 1 0 101027 LO 0 LO 7 102012 0 LO 6 0 LO 5 102013 I l 102014 I l ·, I ' g 4 102015 I J i ! 0 LO 3 102016 I 0 LO 2 10201i g .. .. .. .. 1,•• ..,- [... . t' -- ....................... -- l ' .• .t :,, - . ..- i I ...10 .-.- I ' - ... I • -, I- < 'I • .•• u II. -- " >- • " UI ·>- I :::, '·,"4'- I ' .•.• -I- I • ,w t I "'-' 'G!Llk'--........ ....-:,.-n.-•.,.·....-...-.. -•Id... W 1/2 NW 1/4 Sec 31 TIN RIE SALT LAKECOlJNTY. UTAH 09-31-11 _ ,_a: . . \. 1-._ '(,· . t"'cor i , .., ti 4. Mailing List OWN_FULL_NAME OWN_ADDR OWN_CITY OWN_STATE OWN_ZIP MARK R MILLIGAN; JENNIFER M MILLIGAN (JT) 580 N WESTCAPITOL ST SALT LAKE CITY UT 84103 MARTIN I STEINBERG; MARGARET CHANDLER (JT) 576 N WESTCAPITOL ST SALT LAKE CITY UT 84103 AMELIA K MATHISON 42 W GIRARD AVE SALT LAKE CITY UT 84103 TRUST NOT IDENTIFIED 36 W GIRARD AVE SALT LAKE CITY UT 84103 CAPITOL VIEW PROPERTIES, LLC 1559 W 3860 S WEST VALLEY UT 84119 599 NORTH DARWIN, LLC 672 E UNION SQ SANDY UT 84070 TRUST NOT IDENTIFIED 579 N DARWIN ST SALT LAKE CITY UT 84103 ED ISABELLE 30 W GIRARD AVE SALT LAKE CITY UT 84103 KELLI A FRAME 28 W GIRARD AVE SALT LAKE CITY UT 84103 STEVEN B BOYINGTON; STUART N STONE (JT) 633 N VICTORY RD SALT LAKE CITY UT 84103 SALT LAKE CITY CORPORATION PO BOX 145460 SALT LAKE CITY UT 84114 RALPH W PATTERSON; JODI A PATTERSON (JT) 554 N WESTCAPITOL ST SALT LAKE CITY UT 84103 ZAFFIRO PROPERTIES LLC 141 ASPEN DALE WY SW CALGARY, ALBE TA T3H0R GIRARD PROPERTIES UT, LLC 65 W 700 N BOUNTIFUL UT 84010 NORRIS W FAMILY GOOLD; TRUST NOT IDENTIFIED 595 N COLUMBUS ST # B SALT LAKE CITY UT 84103 CHRISTOPHER LEE 655 N COLUMBUS ST SALT LAKE CITY UT 84103 651 COLUMBUS, LLC 651 N COLUMBUS ST SALT LAKE CITY UT 84103 KERI LYNNE HOLLAND 589 N COLUMBUS ST SALT LAKE CITY UT 84103 DOCPROPERTIES, LLC 585 N COLUMBUS ST SALT LAKE CITY UT 84103 DEBBIE A CARR; JAMES A CARR (JT) 583 N COLUMBUS ST SALT LAKE CITY UT 84103 S REV TRUST 1169 E 5290 S SALT LAKE CITY UT 84117 SHAWN CLAY; CORIN J CLAY (JT) 563 N COLUMBUS ST SALT LAKE CITY UT 84103 DANIEL A HERSHKOWITZ; ALYSSA M HERSHKOWITZ (JT) 135 S LAKE MERCED HILL SAN FRANCISCO CA 94132 MARK T WOOD 12861 VIAVISTA DEL PASADO ORO VALLEY AZ 85755 GALEN C BAGLEY; LESLEY H BAGLEY (JT) 642 N COLUMBUS ST SALT LAKE CITY UT 84103 FABERT PROPERTIES, LLC 6914 S 2160 W WEST JORDAN UT 84084 G WILKING PROPERTIES, LLC 1610 E DEAUVILLE AVE MURRAY UT 84121 ERIC J YOUSSEFI 612 N COLUMBUS ST SALT LAKE CITY UT 84103 TRUST NOT IDENTIFIED 2560 VIA ANITA PLS VRDS EST CA 90274 CLEMENS A LANDAU; JOANNA E LANDAU (JT) 600 N COLUMBUS ST SALT LAKE CITY UT 84103 KEVIN M MACK; HEIDI D RISTER (TC) 594 N COLUMBUS ST SALT LAKE CITY UT 84103 FOSTER/MAZZOLINI FAMILY REVOCABLE TRUST 12/18/2018 588 N COLUMBUS ST SALT LAKE CITY UT 84103 MATTHEW V WENNER; JODY L WENNER (JT) 582 N COLUMBUS ST SALT LAKE CITY UT 84103 PATRICIA C OGDEN; PATRICK R OGDEN (JT) 576 N COLUMBUS ST SALT LAKE CITY UT 84103 BRAEWICK, PROPERTIES LLC 142 E BRAEWICK RD SALT LAKE CITY UT 84103 JOHN HOWA 564 N COLUMBUS ST SALT LAKE CITY UT 84103 MICHAEL S HATCH 617 N DESOTO ST SALT LAKE CITY UT 84103 FRED S IV EDWARDS 611 N DESOTO ST SALT LAKE CITY UT 84103 RICHARD M BROWN; SHEILA BROWN (JT) 605 N DESOTO ST SALT LAKE CITY UT 84103 ALAN L OKAWA; ALLISON OKI (JT) 599 N DESOTO ST SALT LAKE CITY UT 84103 LARRY L FRY; SHAWN E FRY (JT) 593 N DESOTO ST SALT LAKE CITY UT 84103 LAURA L ARELLANO 587 N DESOTO ST SALT LAKE CITY UT 84103 JOHN GEOFFREY FITZWILLIAM; MELANIE GALL FITZWILLIAM (JT) 581 N DESOTO ST SALT LAKE CITY UT 84103 RICHARD D OLSEN 575 N DESOTO ST SALT LAKE CITY UT 84103 CHARLES P MORGAN; PETER J MORGAN (JT) 571 N DESOTO ST SALT LAKE CITY UT 84103 STERLING S HOLDEN; 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